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수원지방법원 2020.04.23 2017가단16293
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the final claim inspection judgment of 2016 Ma632 dated April 19, 2017.

2. The costs of lawsuit shall be.

Reasons

1. On February 1, 2016, the Defendant filed an application for commencement of rehabilitation procedures with the Suwon District Court 2016 Ma10003, when the Defendant owned and operated a golf course, a condominium, etc. located in the population E in the wife population E, and filed an application for commencement of rehabilitation procedures.

(hereinafter “instant rehabilitation procedure”). The said court (hereinafter “Rehabilitation court”) rendered a decision to commence rehabilitation procedures on March 7, 2016, the rehabilitation debtor B (hereinafter “Defendant”) with respect to the rehabilitation debtor B (a joint stock company on December 16, 2019; hereinafter “Defendant”), the decision to commence rehabilitation procedures on March 7, 2016, the decision to commence rehabilitation procedures on June 14, 2017, and the decision to discontinue rehabilitation procedures on July 21, 2017.

The plaintiff is a member who has golf membership (hereinafter referred to as "golf membership of this case") that is a right to preferentially use the defendant's golf course and its related incidental facilities.

On the other hand, the defendant's rules stipulate that the principal paid by the member shall be returned at the request of the member after ten years of the payment, and the period of deferment of the plaintiff's admission at the time of the decision to commence the rehabilitation procedure of this case was passed.

The Plaintiff reported the instant golf membership as a rehabilitation claim in the instant rehabilitation procedure, and claimed KRW 34.5 million as the actual purchase price for the amount of the claim. However, the Defendant’s custodian (hereinafter “manager”) was only 2.4 million won, which is the amount equivalent to the admission fee.

Accordingly, in order to determine the right to the total amount reported, the Plaintiff filed an application for the final claim inspection judgment with Suwon District Court 2016da632, but the above court rendered a decision on April 19, 2017 to the effect that “the Plaintiff’s rehabilitation claim against the Defendant does not exist beyond 2.4 million won, which is the membership fee (hereinafter “instant final claim inspection judgment”),” and the Plaintiff filed the instant lawsuit against it.

On the other hand, the rehabilitation procedure of this case is related to this case among the approved rehabilitation plan on June 14, 2017.

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